- Question: [Monday, 23rd Nissan, 5781]
Before Pesach, I threw out an entire box of sealed Osem cakes into a public area and noticed that the box is still there, went untouched throughout the entire duration of Pesach, and I would like to know if I can take it back and eat it.
Although this matter is debated amongst the Poskim, practically, you may not eat it and are therefore to throw it into the garbage so no other Jew comes to eat it either. This applies whether or not you performed Mechiras Chametz to the Gentile.
Explanation: Although it is even initially permitted for one to discard his Chametz by throwing it into a public for all area prior to the start of the prohibition against owning it, nevertheless, according to some Poskim, and so is the ruling of Admur, the sages decreed against retrieving this Chametz after Pesach due to worry that if doing so were allowed one may discard it with intent to retrieve after Pesach and thus not fully disown it to begin with. This prohibition applies even if one sold his Chametz prior to Pesach, as Chametz that was discarded before Pesach was disowned and cannot possibly be included in the sale to the gentile.
Sources: See Admur 448:29-30; Kuntrus Acharon 436:6; See lengthy discussion of Admur on this matter brought in Sheiris Yehuda O.C. 14; M”A 448:8 “The same applies to one who disowned his Chametz”; Peri Chadash 448:5; P”M 448 A”A 8 Other opinions: See Opinion brought by Admur, quoted in Sheiris Yehuda O.C. 14; Olas Tamid 447:11 in name of Rikanti 157, brought in P”M ibid]